A man who tried to choke a woman on a busy Melbourne train has been jailed for four months.
Wayne David Smart was travelling on a peak-hour Ringwood train when a female passenger noticed him taking creepy pictures of her.
“I thought this person was agitated, intimidating and seemed violent,” the victim told 7 News.
“I asked him to stop, and I thought he had, but when I looked up and saw he was very obviously taking my photo.”
When the unidentified woman confronted Smart and told him she was going to delete the photos he had just taken he can be seen in CCTV footage grabbing her by the throat and slamming her on a wall.
Other passengers rushed to her aid and put the man under citizen's arrest and one passenger pushed the emergency alarm.
Before the terrifying attack, Smart had also been caught on security footage walking up to an elderly female passenger and intimidatingly glaring at her just inches away from her face.
Smart’s lawyer Mark Rawson claims his client cannot remember what happened on the train and blames his alcohol consumption on the day for his lack of memory of the incident.
Mr Rawson said: “I asked him ‘why would you be taking photos of people on the train?’ He said I can't remember. He couldn't come up with any excuse or remember anything from the day.”
Smart, who has an ‘extensive’ criminal history launched an appeal, 7 News reported.